NCGA SUPPORTS SUPREME COURT ANNOUNCEMENT ON E15 LAWSUIT

JUNE 2013

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(Posted Mon. Jun 24th, 2013)

June 24: The National Corn Growers Association President Pam Johnson issued a statement expressing the association’s support for the Supreme Court decision today not to hear the petroleum industry’s appeal in E15-related case:

“In their decision today, the court upheld not only the authority of the Environmental Protection Agency to approve a partial waiver and allow E15 into the marketplace; it also upheld our nation’s science-based approach to regulation and the importance of consumer choice. With this issue resolved, the ethanol industry can move forward, providing a renewable, environmentally friendly fuel choice to consumers."

The original lawsuit from which the appeal came was filed by the American Petroleum Institute claiming that the EPA did not have the authority to grant waivers allowing the use of E15, a 15 percent ethanol fuel blend, in 2001 and newer vehicles. API was eventually joined in this suit by a group of engine manufacturers and food groups.

In August of 2012, the D.C. Circuit Court of Appeals ruled that none of the parties had standing in the case In January of this year, the U.S. Court of Appeals for the District of Columbia denied requests by the groups for a rehearing. The Supreme Court decision pertains to the appeal based upon this request. Two further appeals have also been filed since the U.S. Court of Appeals for the District of Columbia’s original denial.